Date: 19981201
Docket: IMM-3157-97
BETWEEN:
CHOONG FOOK GOH
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
ROTHSTEIN J.
[1] The applicant is dissatisfied with the exercise of discretion by the visa officer. However, that is not a basis for the Court interfering with the decision. It is true the letter of the visa officer denying the applicant could have been worded more clearly. However, it conveys the necessary message.
[2] I am not persuaded that the visa officer erred in law or committed any breach of the rules of procedural fairness, nor did she ignore evidence relevant to the applicant's management experience and his ability to provide active management of a commercial venture in Canada. She did not improperly fetter her discretion or take account of irrelevant factors.
[3] In the circumstances of this case the visa officer had no obligation to go further than she did in providing the applicant with an opportunity to disabuse her of her concerns that the applicant did not meet the definition of entrepreneur in the Immigration Act. There is no obligation on the visa officer to provide a running account to an applicant of her concerns with any specific answers or impressions he has given.
[4] The judicial review is dismissed.
"Marshall Rothstein"
Judge
TORONTO, ONTARIO
December 1, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3157-97
| STYLE OF CAUSE: CHOONG FOOK GOH |
and -
| THE MINISTER OF CITIZENSHIP AND |
IMMIGRATION
DATE OF HEARING: MONDAY, NOVEMBER 30, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: TUESDAY, DECEMBER 1, 1998
APPEARANCES: Mr. Bill Wong
For the Applicant
Ms. Lori Hendricks
For the Respondent
SOLICITORS OF RECORD: Bill Wong
| Barrister & Solicitor |
| 180 Dundas Street West |
Suite 1600
| Toronto, Ontario |
| M5G 1Z8 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981201
Docket: IMM-3157-97
Between:
| CHOONG FOOK GOH |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER